Dr John Hlophe, the parliamentary leader of uMkhonto weSizwe Party (MKP), believes there was no desire from the state to bring to book racist farm owners committing torture and murder. He said this during an interview on the SA Content podcast, where he was giving details on his political views on governance.
Hlophe was the former Judge President of the Western Cape before being unceremoniously impeached last year by parliament. He explained that the state was empowered to confiscate the properties of those convicted without paying a penny.
“For example, I have guns and I’m a hunter. If I take any of my guns, shoot and kill. The gun will be confiscated pending the duration of the trial. Upon my conviction, I will forfeit that gun to the state. I will never get it back,” Hlophe said.
Criminal Act not enacted in farm murder cases
He pointed out what boggles his mind.
“Why was it not the same for property, such as property and farm land owned by farmers who kill and torture? Section 300 of the Criminal Procedures Act provides that any property which is the proceeds of a crime will be forfeited.
“We have endless beatings of fellow African people on these farms. Some are killed and buried in shallow graves,” he said.
Hlophe said there has not been a single farm owner convicted of heinous crimes whose farm or property has been confiscated. He said this should be changed to punish the racist farm owners.
“This falls squarely within the constitution. It will be confiscated for the interest of the public. There’s no need for compensation if land or property is seized for public interest,” he said.
Africanisation of the legal framework
Hlophe, among his other proposals, is an Africanisation of the legal framework and transformation of the judiciary. He said this would ensure that ordinary people of the land see themselves as meaningful participants in the law process. They will also see their culture and values in the legal system.
He argued that the current infusion of Roman Dutch law and English law was counter productive. People were likely to embrace an Africanised law system instead, he said.
